Prefect (Romania)

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A prefect (Romanian: prefect) in Romania represents the Government in each of the country's 41 counties, as well as the Municipality of Bucharest.

History

The prefecture of the former Târnava-Mică County in Diciosânmartin (now Târnăveni)

The office traces its origin to the ispravnici who held office in the Danubian Principalities before these united in 1859. Two laws of 1864 introduced the office of prefect into the new Romanian state, modelled on the French equivalent. Another law was enacted in 1872, while an 1883 law reduced the prefect's role to executing Government decisions. The office was strengthened by law in 1892; it was provided that "at the head of each county there is a prefect...named by royal decree, upon the recommendation of the Minister of the Interior...he represents the executive power in the entire district placed under his administration". The 1925 law for administrative unity regarded the prefect as the representative of the central authorities, with power to control local officials. Named by royal decree following a recommendation of the Interior Minister, the prefect, aside from fulfilling general conditions for civil servants, had to be at least thirty years of age and to have completed a state-recognised university. Prefects already in office for at least a year were exempt.[1]

A 1929 law was the first to distinguish between appointed and elected local authorities. The prefect was no longer the head of the county administration, but the "representative of the government", charged with exercising "control and supervision over all local authorities". The central authorities named him; he represented executive power. The law created a new institution, the county administrative commission, and the prefect was its president. In 1936, a law was adopted enhancing the prefect's powers: he was now head of the county administration, supervising all cultural institutions and public services. He was also chief of

gendarmerie. In 1938, following the imposition of a royal dictatorship by King Carol II (see National Renaissance Front), the counties' administrative autonomy was abolished in favour of the larger ţinuturi. The prefect, named by royal decree, became a career bureaucrat, able to name mayors of rural and non-resident urban communes and to designate ex officio members of the town councils.[1] Under the dictatorship, prefects were active-duty military officers with the rank of colonel or higher.[2]

From 1940 to 1944, during the

Communist regime, the prefecture was transformed into a "provisional committee". The following September, when the counties were abolished, the office of prefect was done away with.[1][4]

Following the

Romanian Revolution of 1989, a 1990 law brought back the prefecture as an "organ of state administration with general competences", composed of one prefect, two deputy prefects, one secretary and seven members. The law specified how the institution should be organised as well as its attributes. The office—one that represented the Government locally and headed devolved public services of ministries and other agencies—was enshrined in the constitution passed by referendum in December 1991, as well as by a law that year and in 2001. Further legislative reform began with the 2004 Law on the Prefect.[1] This de-politicised the office of prefect and deputy prefect, making them high public functionaries who occupy their positions through competitive selection. It also changed the office of general secretary ("director-general" from 1991 to 1997) into that of deputy prefect, so that each prefect was assisted by two deputy prefects,[5] a number cut to one in 2010.[6] In 2021, the prefects' status was changed to that of public dignitaries, allowing them to be members of political parties. At the same time, the office of general secretary was restored.[7]

Attributes

Organisational chart for the Hunedoara County Prefecture (2009)

The main attributes of prefects are defined at Article 123 of the Constitution of Romania:

(1) The Government names one prefect in each county and in the Municipality of Bucharest.
(2) The prefect is the representative of the Government at the local level and heads the devolved public services of the ministries and of the other organs of the central public administration in the administrative-territorial units.
(3) The prefect's attributes are defined through organic law.
(4) Between prefects, on the one hand, and local councils and town halls, as well as county councils and their presidents, on the other hand, no subordinate relations exist.
(5) The prefect may challenge, before an administrative court, an act of the county council, or a local council or of a mayor, in the event he considers the act illegal. The act thus challenged is suspended de jure.[8]

Section 4 of this article was added in 2003; the remainder dates to 1991. The prefect's role is further defined by a 2004 law, modified by decrees in 2004 and 2005, and by a law in 2006.

Interior Ministry is the principal allocator of prefectures' budgets, while their activity is coordinated by the Prime Minister and they are subordinate to the Government.[10]

Each prefect leads a prefectural college; this is a consultative body meant to assist in coordinating the activities of devolved public services. In particular, it is meant to analyse the activity of devolved services and propose measures to improve it; to identify where multiple services can cooperate; to decide on measures necessary to implement policies adopted at the national level; to organise joint activities of public services in order to deal with special situations; and to analyse what measures should be taken for there to be a unified system of managing information or material, financial or human resources.[11]

Each prefecture also has a chancellery, composed of a director, an adviser to the prefect, an adviser on

Roma issues, and a chief of cabinet. The chancellery ensures the prefect's work runs smoothly; analyzes social and economic data; organizes meetings between the prefect and civil society groups, unions, management, and political parties; drafts press releases; organizes informational meetings and press conferences, and informs the public about the prefect's activities; maintains the prefecture's website; and drafts quarterly progress reports on the Government's Roma strategy. The Roma adviser, introduced by a 2001 decree, creates partnerships leading to programmes for improving Romas' situation; increases the administrative capacity of institutions charged with implementing the Roma strategy; improves Romas' access to housing, water, electricity, and heating; ensures access to medical care; helps include Roma in the labour force; and works to provide access to preschools and elementary schools, as well as to high schools and universities.[12]

Prefects and deputy prefects (subprefecţi) hold regular public audiences.

Communist regime;[19] and, through a series of committees, perform various other duties.[20] Prefectures may have other offices besides those in the county seat, responsible for surrounding areas: for instance, the Caraș-Severin County Prefecture, aside from its headquarters in Reșița, has offices in Caransebeș and Oravița,[21][22] while the Neamț County Prefecture in Piatra Neamț has offices in Roman and Târgu Neamț.[23][24]

Prefecture buildings

See also

Notes

  1. ^ a b c d e (in Romanian) Short History, Argeș County Prefecture
  2. ^ (in Romanian) Florin Grecu, "Regimul şi principiile Constituţiei de la 1938" ("The Regime and Principles of the 1938 Constitution"), Sfera politicii, nr. 172, November–December 2012; accessed August 4, 2013
  3. ^ (in Romanian) Final Report of the International Commission on the Holocaust in Romania, at the United States Holocaust Memorial Museum site, p.119
  4. ^ (in Romanian) Short History Archived 2009-02-27 at the Wayback Machine, Dâmboviţa County Prefecture
  5. ^ (in Romanian) Short History, Bacău County Prefecture
  6. ^ (in Romanian) "Secretarii de stat şi subprefecţii, reduşi la jumătate" ("State Secretaries and Deputy Prefects, Cut by Half"), Evenimentul Zilei, July 8, 2010; accessed August 7, 2012
  7. ^ (in Romanian) "Guvernul a aprobat ordonanța de urgență care le permite prefecților și subprefecților să fie membri de partid" ("Government Approves Emergency Order Allowing Prefects and Deputy Prefects to Be Party Members"), G4Media, January 27, 2021; accessed January 28, 2021
  8. ^ a b (in Romanian) Current Attributes of the Prefect, Buzău County Prefecture
  9. ^ (in Romanian) Role and Attributes of the Prefect Archived 2011-10-02 at the Wayback Machine, Bistriţa-Năsăud County Prefecture
  10. ^ (in Romanian) "Prefecturile vor fi finanţate prin bugetul MAI şi coordonate de Victor Viorel Ponta" ("Prefectures to Be Funded through Interior Budget and Coordinated by Victor Viorel Ponta"), România Liberă, December 22, 2012; accessed December 27, 2012
  11. ^ (in Romanian) Prefectural College Archived 2009-03-09 at the Wayback Machine, Dâmboviţa County Prefecture
  12. ^ (in Romanian) Prefectural Chancellery, Caraș-Severin County Prefecture
  13. ^ (in Romanian) Audience Schedule Archived 2010-01-24 at the Wayback Machine, Argeș County Prefecture
  14. ^ (in Romanian) Certification Procedure Archived 2009-08-01 at the Wayback Machine, Argeș County Prefecture
  15. ^ (in Romanian) Drivers' Licenses Archived 2009-08-06 at the Wayback Machine, Argeș County Prefecture
  16. ^ (in Romanian) Vehicle Registration Archived 2010-01-24 at the Wayback Machine, Argeș County Prefecture
  17. ^ (in Romanian) Passport Service Archived 2009-08-12 at the Wayback Machine, Argeș County Prefecture
  18. ^ (in Romanian) Document Verification Archived 2009-08-01 at the Wayback Machine, Argeș County Prefecture
  19. ^ (in Romanian) Attribues Archived 2011-07-19 at the Wayback Machine, Dâmboviţa County Prefecture
  20. ^ (in Romanian) Committees Archived 2009-08-01 at the Wayback Machine, Argeș County Prefecture
  21. ^ (in Romanian) Caransebeș Prefectural Office, Caraș-Severin County Prefecture
  22. ^ (in Romanian) Oravița Prefectural Office, Caraș-Severin County Prefecture
  23. ^ (in Romanian) Roman Prefectural Office Archived 2009-08-23 at the Wayback Machine, Neamţ County Prefecture
  24. ^ (in Romanian) Târgu Neamţ Prefectural Office Archived 2009-05-17 at the Wayback Machine, Neamţ County Prefecture

External links